Steven E. Bizar

Antitrust

• Defending a steel rebar manufacturer against two federal antitrust, predatory pricing, and common law tort actions filed by a customer and alleged would-be competitor related to a contractual exclusivity provision.
• Selected as trial counsel for a large public utility company in relation to a breach of contract dispute and antitrust counterclaims.
• Defending a petroleum corporation against allegations brought by the Commonwealth of Pennsylvania and parallel private class and mass actions that it engaged in an unlawful market allocation scheme to deprive lease owners of oil and gas royalties.
• Defending a generic pharmaceuticals manufacturer as lead counsel against government investigations and claims by various groups of plaintiffs, including State AGs, that it engaged in a price-fixing conspiracy with other generics manufacturers.
  
• Defending a leading domestic manufacturer of caustic soda as co-lead counsel in class action cases brought by direct and indirect purchasers claiming it participated in a price-fixing and supply reduction conspiracy from 2015 through 2019.
• Defending 12 individual commodities futures traders against putative class claims under the Sherman Antitrust Act and the Commodities Exchange Act based on trading of West Texas Intermediate Crude Oil futures contracts.
• Defended a brokerage firm as co-lead counsel against putative antitrust class actions claiming that it conspired with other broker dealers and hedge funds when it imposed trading restrictions on certain stocks in January 2021.
• Defended a leading manufacturer of household and industrial water treatment chemicals in litigation brought by a customer and alleged rival, claiming monopolization and attempted monopolization in the pool-bleach market on Amazon.
• Defended what was formerly one of the largest commercial flooring contractors in the Chicagoland area, in a civil class action related to the DOJ Antitrust Division’s bid-rigging and price-fixing criminal investigation.
• Defended a leading dialysis services provider as lead counsel against claims of monopolization, attempted monopolization, and various Indiana state law contract and tort claims resulting in the dismissal of all claims.
• Defended an egg producer as lead trial counsel in a six-week federal trial of the direct purchaser class action plaintiffs’ US$1.1 billion damages claim (before trebling), resulting in a defense verdict and a jury finding that his client had not participated in a supply reduction/price-fixing conspiracy.
• Defended a leading gypsum wallboard manufacturer as lead and liaison counsel in antitrust suits filed by direct, indirect and opt-out purchasers, and claiming participation in a price-fixing conspiracy.
• Defended a leading vision benefits company in an antitrust class action accusing it of depressing the reimbursements paid to optometrists and other eyecare providers, resulting in the dismissal of the lawsuit.
• Defended a leading milk processor as lead trial counsel against claims of price-fixing by a large supermarket chain and a convenience store owner, resulting in a favorable settlement.
  
• Resolved a claim against a Swedish telecommunications firm for no money or admission of liability in an antitrust case challenging its conduct in a standards setting organization.
• Argued the successful Rule 23(f) appeal, resulting in the decertification of a class of hydrogen peroxide purchasers and the clarification of class certification standards in a landmark ruling from the U.S. Court of Appeals for the Third Circuit in a Sherman Act §1 case.
• Defeated class certification after a three-day evidentiary hearing in a federal antitrust class action claiming price-fixing for plastics additives under Sherman Act § 1.
• Defended a pharmacy benefits manager against putative class action claims asserted under §1 of the Sherman Act based on alleged conspiracies with other pharmacy benefits managers and with their respective clients to depress the prices paid to independent retail pharmacies for filling prescriptions.
  
• Defeated a claim by a putative class of foreign purchasers of the chemical product MCAA brought under Sherman Act § 1 obtaining dismissal based on the FTAIA.
  
• Defended a French multinational chemical manufacturing company against direct and indirect purchaser and opt-out class action antitrust lawsuits filed in federal and state courts across the country challenging its activities with regard to four categories of products.
  
• Defended a prominent discount retailer against state law unfair competition claims.
• Defeated an antitrust claim brought under Sherman Act § 1 against a hospital system alleging involvement in conspiracy to depress salaries of registered nurses in the Albany, New York area.
• Defended a multi-state Catholic hospital system on putative class action claims alleging price gouging in its affiliated hospital’s pricing of health care services to the uninsured.
• Represented a pharmaceutical wholesaler in a US$11 billion antitrust class action lawsuit and 100 opt-out lawsuits, including three summary judgment motions, an 11-week jury trial in federal court in Chicago, and three separate appeals to the Seventh Circuit Court of Appeals.
• Defended an antitrust “group boycott” lawsuit against a pharmaceutical distributor, resulting in a dismissal on a Rule 12 motion.
• Conducted numerous internal investigations of pricing and other activities.
• Counseled various clients on compliance and distribution issues under the Sherman and Robinson-Patman Acts.
• Developed and implemented antitrust compliance and training programs for clients in various industries, including chemicals, building materials and wholesale distribution.

Complex Commercial

• Representing a steel rebar manufacturer in a lawsuit against a former senior executive for the misappropriation of trade secrets and proprietary information in violation of federal and California state statutes and a severance agreement.
• Representing the directors and officers of a Fortune 10 company in the defense of shareholder derivative claims, including a Special Litigation Committee investigation, arising from various government investigations.
  
• Representing a leading health insurer in defense of a putative state court class action charging that it discriminated against certain providers in setting up its provider network.
• Representing a leading petrochemical manufacturer in a contract dispute with its logistics supplier.
• Representing a leading gaming company in a dispute with a former business partner arising from casino development project.
• Represented a leading vendor finance company as plaintiff and counter-claim defendant in the successful jury trial of a Pennsylvania state court case, arising from a former executive’s misappropriation of  trade secrets and violation of contractual obligations upon his separation from the company.
  
• Represented a leading health care insurer as plaintiff in a civil RICO and fraud lawsuit.
• Represented a gaming company in a Constitutional challenge to state gaming expansion legislation.
  
• Defended the Secretary of State for the Commonwealth of Pennsylvania through two successful summary judgment motions and a Pennsylvania Supreme Court argument and victory against a lawsuit challenging the process used to certify direct recording electronic voting systems for use in Pennsylvania.
• Represented a French respondent in defeating a US$28 million claim in an AAA-ICDR arbitration in New York brought by a U.S. claimant for cancellation of a geographic product swap agreement.
• Represented Cook Composites and Polymers in a five-week federal jury trial stemming from a US$405 million lawsuit, before trebling, filed by Viking Yacht Company and Post Marine, resulting in a complete trial victory upheld on appeal.
• Represented a foreign manufacturer as plaintiff against the U.S. Customs and Border Protection Service on a case in which the U.S. Court of International Trade found that the client’s inkjet colorant products were being misclassified as dyes instead of inks under the Harmonized Tariff, resulting in lower duties.
• Defended a logistics services company in a federal securities fraud class action lawsuit which resulted in a dismissal, later affirmed on appeal.
• Defended directors and officers of a Fortune 25 company in shareholder derivative lawsuits.
• Defended a corporate client in a shareholder derivative case of first impression, which established that §304 of the Sarbanes-Oxley Act does not provide a private right of action for disgorgement against a corporate client's CEO and CFO.
• Represented the Board of Directors of a major corporation in derivative lawsuits and a Delaware Section 220 books and records proceedings based on the equity compensation awarded to the company’s CEO.
• Vindicated a foreign reinsurer's contractual rights in multi-state insurance company insolvency proceedings and in reinsurance contract litigation.
• Tried an adversary proceeding in federal bankruptcy court challenging a client's decision not to close a multimillion-dollar asset purchase transaction.
• Defended a hospital system against class and collective action lawsuits under the FLSA and analogous state statutes.
• Obtained a mandatory TRO in Delaware Chancery Court requiring one of the world's largest chemical manufacturers to supply his client a key chemical monomer despite its force majeure declaration.
• Defended French and American chemical manufacturers in disputes in Texas state court and in arbitration with one of the world’s largest chemical manufacturers over supply, swap, plant investment, and plant services agreements.
• Represented a leading chemical manufacturing firm as claimant and counter-respondent in an ICC arbitration with a Korean firm and its U.S. affiliate arising from alleged breaches of joint development and sale and purchase agreements.
• Defended a multinational specialty chemical manufacturing company in a multimillion-dollar dispute with two former distributors of its EPA-regulated product.
• Defended a chemical manufacturing firm against breach of contract and business tort claims based on a customer’s dissatisfaction with its resin product.
• Defended a leading industrial gas manufacturer against a breach of contract claim in state court arising from an allocation following a force majeure declaration.
• Prosecuted claims in Pennsylvania state court for a temporary restraining order and preliminary injunction barring the misappropriation of trade secrets on behalf of a pharmaceutical manufacturer.
• Defended a biotech manufacturing company in an AAA arbitration against alleged breach of warranty and fraud claims stemming from its manufacture of active pharmaceutical ingredients.
• Defended a pharmaceutical wholesaler against a breach of contract/fraud lawsuit in federal court in New Jersey.

Reported Cases

• Miami Prod. & Chem. Co. v. Olin Corp., No. 1:19-CV-00385 EAW, 2023 WL 8946114 (W.D.N.Y. Dec. 28, 2023).
• League of Women Voters v. Boockvar, No. 578 MD 2019, 2021 WL 62268 (Pa. Commw. Ct. Jan 7, 2021).
• Internal Medicine Nephrology, Inc. v. Bio-Medical Applications of Indiana, Inc., No. 2:18-cv-00506, 2019 WL 4688712 (S.D. IN 2019).
• Banfield, et al. v. Cortes, Secretary of the Commonwealth, 110 A.3d 155 (Pa. 2015) and 51 A.3d 300 (Comm. Ct. 2012).
• Missouri River Historical Development, Inc. v. Penn National Gaming, Inc., 283 F.R.D. 501 (N.D. IA 2012).
• Richelson v. Yost, et. al., No. 10-1342, 2010 WL 3563108 (E.D. Pa. Sept. 9, 2010).
• In re Plastics Additives Antitrust Litigation, No. 03-CV-2038, 2010 WL 3431837 (E.D. Pa. Aug. 31, 2010).
• Arkema Inc. v. The Dow Chemical Co., et al., Civ. No. 5479-VCP (Del. Ct. Chancery May 14, 2010).
• Viking Yacht Company, et al., v. Composites One LLC, et al., No. 05-cv-538 (D.N.J.) and Nos. 09-3417 and 09-3558 (3d Cir. July 1, 2010).
• In re Hydrogen Peroxide Antitrust Litigation, No. 07-1689, 552 F.3d 305 (3d Cir. Dec. 30, 2008).
• Avecia, Inc. v. United States, 469 F. Supp. 2d 1269 (Ct. Int’l Trade 2006).
• Colomar v. Mercy Hospital, Inc. and Catholic Health East, Inc., Case No. 05-22409-Civ. (S.D. Fla Nov. 8, 2006) (Seitz).
• Globis Capital Partners, L.P. v. Stonepath Group, Inc., No.06-2560, 2007 WL 1977236, (3d Cir. July 10, 2007).
• Stonepath Group Sec. Litigation, No. 04-CV-4515, 2006 WL 980767 (E.D. Pa. Apr. 3, 2006).
• Stonepath Group Sec. Litigation, 397 F.Supp.-2d 575, 2005 WL 2810791 (E.D. Pa. 2005).
• Neer v. Pelino, et al., 389 F.Supp.2d 648 (E.D. Pa. Sept. 27, 2005).
• Latino Quimica-Amtex S.A. v. Akzo Nobel Chemicals B.V., et al., 2005 WL 2207017, 2005-2 Trade Cases (CCH) P. 74,974 (S.D.N.Y. 2005).
• Amalgamated Bank v. Yost, et al., 2005 WL 226117 (E.D. Pa. Jan. 31, 2005).
• GE Frankona Reinsurance Company, Ltd., et al. v. Legion Indemnity Company in Liquidation, 373 Ill. App. 969, 870 N.E. 2d 829 (Ill. App. 1st Dist. 2007).
• M. Diane Koken, Insurance Commissioner, Commonwealth of Pennsylvania v. Legion Insurance Company, 865 A.2d 945, Pa.Cmwlth., December 09, 2004 (No. 183 M.D. 2002).
• Bennett, et al. v. Cardinal Health Marmac Distributors, Inc., et al., 2003 WL 21738604 (E.D.N.Y. 2003).
• Walnut Equipment Leasing Co., Inc., No. 97-19699DWS, 00-864, 2003 WL 22213746 (Bankr. E.D. Pa. Sept. 12, 2003).
• Walnut Equipment Leasing Co., Inc., No. 97-19699DWS, 00-864, 2003 WL 21262710 (Bankr. E.D. Pa. May 28, 2003).
• Walnut Equipment Leasing Co., Inc., 2002 WL 31994477 (Bankr. E.D. Pa., Dec 13, 2002) (No. 97-19699DWS, 00-0864).
• Bracco Diagnostics, Inc. v. Bergen Brunswig Drug Co., 226 F. Supp. 2d 557 (D.N.J. 2002).
• Brand Name Prescription Drugs Antitrust Litigation, 288 F.3d 1028 (7th Cir. 2002).
• General Instrument Securities Litigation, 209 F.Supp.2d 423, Fed. Sec. L. Rep. P 91,667 (E.D. Pa. 2001).
• Morse v. Dun & Bradstreet, Inc., 87 F.Supp.2d 901 (D. Minn. 2000).
• Brand Name Prescription Drugs Antitrust Litigation, 186 F.3d 781 (7th Cir. 1999).
• Brand Name Prescription Drugs Antitrust Litigation, 1999 W.L. 33889, 1999-1 Trade Cases P. 72, 446 (N.D. Ill. Jan. 19, 1999).
• Abbott Laboratories v. Durrett, 746 So. 2d 316, 1999-1 Trade Cases P 72,559 (Ala. 1999).
• Brand Name Prescription Drugs Antitrust Litigation, 177 F.R.D. 414 (N.D. Ill. 1997) (No. 94 C 897).
• Sternberg v. Satco Casting Service, Inc., CIV. A. 95-7084, 1997 WL 230794, 42 U.S.P.Q.2d 1889 (E.D. Pa., Apr 30, 1997).
• Sternberg v. Satco Casting Service, Inc., CIV. A. 95-7084, 1996 WL 745287 (E.D. Pa., Dec 20, 1996).
• Brand Name Prescription Drugs Antitrust Litigation, 878 F. Supp. 1078, 1995-1 Trade Cases P 71,020 (N.D. Ill. 1995).
• Brand Name Prescription Drugs Antitrust Litigation, 867 F. Supp. 1338, 1995-1 Trade Cases P 70,924 (N.D. Ill. 1994).
• Liberty Sales Associates, Inc. v. Dow Corning Corp., 816 F. Supp. 1004 (D.N.J. 1993).
• Blake v. Bank of New York, No. 90 CIV. 4202 (JFK),1992 WL 183632 (S.D.N.Y., Jul 23, 1992).
• Lony v. E.I. Du Pont de Nemours & Co., 935 F.2d 604 (3d Cir. 1991).

Includes matters handled at Dechert or prior to joining the firm.

• Chambers and Partners USA for Antitrust (Band 1) and General Commercial Litigation (Band 1), 2024 (and prior years)
• Global Competition Review, 2024 (and prior years)
• Who’s Who Legal: Competition, 2023 (and prior years)
• The Legal 500 “United States: Antitrust Civil Litigation/Class Actions: Defense,” 2024 (and prior years)
• Lawdragon “500 Leading Litigators in America,” 2022-2024
• Benchmark Litigation’s “Top 100 Trial Lawyers,” 2023 (and prior years)
• The Best Lawyers in America “Lawyer of the Year: Antitrust Litigation,” 2022; recognized 2023-2024
• Pennsylvania Super Lawyers, 2023 (and prior years)
• Corporate Counsel Super Lawyers, 2022-2023
• BTI Consulting “Client Service All-Star” 2009, 2015, 2019 – “All-Stars” represent the epitome of client service and are named by legal decision makers at organizations with US$1 billion or more in revenue
• National Law Journal “Winning Litigators,” 2018
• Philadelphia Business Journal “Best of the Bar – Business Litigation,” 2018
• National Law Journal “Mergers & Acquisitions and Antitrust Trailblazer,” 2015
• Fellow, International Academy of Trial Lawyers
• Fellow, American Bar Foundation
• Senior Fellow, Litigation Counsel of America
  

• George Mason Law Review's 22nd Annual Antitrust Symposium — Arlington, VA (February 15, 2019)
• 28th Annual Golden State Antitrust, UCL and Privacy Law Institute & Antitrust Lawyer of the Year Event — San Francisco, CA (November 8, 2018)
• 2018 Philadelphia Fall Labor and Employment Seminar — Philadelphia, PA (October 24, 2018)
• 30th Annual General Counsel Conference — New York Marriott Marquis, New York, NY (September 26-27, 2018)
• Columbia Law School Private Sector Career Symposium — Columbia Law School, Jerome Greene Hall (February 16, 2018)
• Minimizing Anticompetitive Risk in Asset and Stock Transfers — Wilmington, DE (June 1, 2017)
  
• Recent Developments in Class Actions — PBI Commercial Litigation Update, Philadelphia (May 11, 2016)
• Best Practices in Pretrial Litigation in the Federal Courts — PBI, Philadelphia, PA (March 10, 2016)
• 5 Strategies to Managing Global Litigation — InsideCounsel 15th Annual Super Conference, Chicago, IL (May 11, 2015)
• 8th Annual Private Enforcement Conference and Awards Dinner — American Antitrust Institute, Washington, D.C. (December 2, 2014)
• Third Annual Best Practices in Pretrial Litigation in the Federal Courts — Pennsylvania Bar Institute CLE, Philadelphia, PA (November 17, 2014)
• Proving and Defending Section 1 Claims with Little Direct Evidence of Conspiracy — American Antitrust Institute's 8th Annual Private Enforcement Conference, Washington, D.C. (November 2, 2014)

• Caustic soda purchasers denied class certification - Global Competition Review (January 4, 2024)
• Lye Buyers Denied Class Cert. In $861M Price-Fixing Fight - Law360 (January 2, 2024)